DWI (driving while intoxicated or impaired) and DUI (driving under the influence) apply equally to cars, motorcycles, and boats. Although these terms are commonly used interchangeably, under New York State Law law there are actually subtle differences which can affect the ultimate outcome of your case.These factors include;
Due to the increasing numer of accidents, injuries, and fatalities which are attributed DWI/DUI offenses, state lawmakers and the District Attorney's Office has taken a very hard stance on DWI/DUI offenses. Not only has this resulted in newly enacted state laws lowering the threshold amount of blood alcohol levels required to charge alcohol related offenses but has also is much stricter plea bargaining guidelines. The fines and penalties which may be imposed by virtue of a DWI/DUI conviction can consist of the following:
1st Offense A conviction for a first DWI/DUI offense can include: license revocation for at least 6 months, a $500 - $1,000 fine, a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years, up to 1 year in jail, possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below)
2nd Offense A second offense DWAI/Combination is when you are charged again within 10 years of the last conviction. The penalties involved can include: license revocation for at least 1 year (18 months), a $1,000 - $5,000 fine, a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years, up to 4 years in jail, Felony conviction, possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.
Although an arrest for driving while intoxicated is very serious, a person facing a DWI / DUI charge should not feel hopeless. There are several options. The Law Offices of Steven D. Kommor, P.C., offers a strategic, dynamic defense to clients facing DUI or DWI charges. Mr. Kommor will closely examine the facts all of the facts including the Breathalyzer results, the police video, the police report, and any additional details surrounding the arrest or court file. By taking this in-depth approach,
Mr. Kommor is prepared to advise his clients on how best to proceed. In some instances, the best course of action is to contest the charge and, when appropriate, motions to suppress, to dismiss or to exclude evidence should be filed after everything from the initial stop by the police to the manner in which the sobriety tests were given have been carefully scrutinized.
Another option is to take the case to trial. Your chances of being found not guilty after a trial are better than you might think. Some or all of the evidence may not be admissible at trial. A thorough cross examination of the State’s witnesses greatly increases the chance of a not guilty verdict. Mr. Kommor is an accomplished trial lawyer who has established himself as one of the top trial lawyers practicing in the Nassau/Suffolk area. In addition to a thorough understanding of DWl law, Mr. Kommor has earned a reputation for integrity and fairness among other lawyers and judges, While Mr. Kommor thoroughly explores the option of going to trial before he discusses plea bargains, in certain circumstances the best option for a client is to minimize the damage through a properly negotiated plea bargain.